Staff Redundancy and Vacancies: How an Employer Can Avoid Waiting Indefinitely for an Employee’s Decision

A vacancy must be offered, but does not have to be kept open for the employee

The employer must offer the employee subject to redundancy all suitable vacant positions available in the organization during the notice period and up to the date of dismissal. The employee must be personally notified of the redundancy at least two months before dismissal.

At the same time, the Labour Code (Трудовой кодекс, Russia’s employment law) does not establish a specific period within which the employee must respond to a vacancy offer. This does not mean that the vacancy must be kept open indefinitely. According to Rostrud’s clarification, a request for a job description does not prevent the employer from transferring another employee to a previously offered vacancy.

Filling this position through another transfer does not in itself create an obligation to offer it again to the employee subject to redundancy. Transferring the employee subject to redundancy requires an expressed intention — consent to the transfer.

What the HR department should monitor before the dismissal date

The main risk in a redundancy procedure is not that a previously offered vacancy has been filled, but that available positions have not been offered in full. If new suitable vacancies arise before dismissal, they must be offered again to the employee subject to redundancy. In the absence of equivalent vacancies, lower-level and lower-paid positions must also be considered.

For a process that can be evidenced, it is better to formalize each offer in writing: specify the position, department, pay terms, working schedule, and date of delivery. The employee’s response should be recorded separately — consent, refusal, or refusal to sign, with a formal record drawn up.

If the company cannot confirm that it offered all available suitable vacancies before dismissal, the redundancy may be found unlawful. Possible consequences include reinstatement of the employee, average earnings for the period of forced absence, compensation for non-pecuniary damage, and legal costs.

Specific considerations when transferring a foreign employee

The general redundancy rules also apply to foreign employees. However, when considering a transfer, it is not enough to check only whether a suitable vacancy is available: the new job must also be checked against the employee’s immigration documents.

Before the transfer, the employer should check whether work in the new occupation or position, region, and work address is permitted, as well as the conditions of the work permit or patent, if such restrictions apply. The universal list of documents and restrictions depends on the specific situation and is not specified in the clarification.

What to check

• Provide the employee subject to redundancy with a redundancy notice and a list of suitable vacancies for signature.
• For each vacancy, specify the position, department, pay, working schedule, and the date on which the offer was delivered.
• Record written consent, refusal, or the employee’s refusal to sign; if the employee refuses to sign, draw up a formal record.
• Register the request for a job description: provide it or send a reasoned written response.
• Do not keep a specific vacancy open indefinitely if the employee has not expressed consent to the transfer.
• Before the dismissal date, check for new suitable vacancies and offer them to the employee in writing, including lower-level and lower-paid positions if equivalent positions are unavailable.
• If a transfer is being considered for a foreign employee, before formalizing it, verify the employee’s immigration documents and whether the new position and work address are permitted.